Appendix 1Submissions and additional information
1Drs Richard Winter and Sagi Peari
2Mr Russell Morgan
3Economic Abuse Reference Group
4MinterEllison
5Drs Garry Hamilton and David Morrison
6Mr Steven Golledge SC
7Australian Financial Security Authority
7.1 Supplementary to submission 7
8BlueRock
9Australian Institute of Credit Managment
10Vantage Performance
11CPA Australia
12Mr Ben Sewell
13DyeCo Solvency & Turnaround
14KordaMentha
15Narrow Road Capital Pty Ltd
16Ms Paulina Fishman
17Mr Michael Murray and Dr Rosalind Mason
18Prof Jason Harris and Mr Michael Murray
19Dr Nuncio D'Angelo
19.1 Supplementary to submission 19
20Association of Independent Insolvency Practitioners Ltd
21Housing Industry Association
22Australian Credit Forum
23Australian Banking Association
24Mr. Daniel Calderisi and Jacob Moore
25Prof Christopher Symes
26Ashurst
27Southern Steel Group
28Small Business Development Corporation
30Business Law Section, Law Council of Australia
31Australian Small Business and Family Enterprise Ombudsman
32Deloitte
33Attorney-General's Department
34Department of the Treasury
35Australian Taxation Office
36Australian Restructuring Insolvency & Turnaround Association
36.1 Supplementary to submission 36
36.2 Supplementary to submission 36
37Society of Corporate Law Academics
38Turnaround Management Association Australia
39Chartered Accountants Australia and New Zealand
40Shopping Centre Council of Australia
40.1 Supplementary to submission 40
41Ms Catherine Robinson
42Mr David Blanchett
43Commercial Bar Association of Victoria
44Australian Institute of Company Directors
45King & Wood Mallesons
46Dr Sulette Lombard
47Kroll
48Master Builders Australia
49The Electrical Trades Union
50SV Partners
51Associate Professor Mark Wellard
52Department of Employment and Workplace Relations
54Mr Neil Hannan
55KPMG Australia
56Subbies United and The Subcontractors Alliance
57NSW Small Business Commission
58Financial Counselling Australia and the Small Business Debt Helpline
59Scanlan Carroll
60Mr Allan Eskdale
61Condon Advisory Group
62Institute of Public Accountants
63Australian Retailers Association
64Barrett Walker Accountants
65Mr Royden James
66Incolink
67McGrathNicol
68CFMMEU (Construction and General Division)
69Australian Manufacturing Workers' Union
70Mr Nicholas Crouch
71Ms. Suzann Owens
72The Hon. Reginald Barrett AO
73Mr Michael Brennan
74Professor Lynne Taylor
75Australian Council of Trade Unions
76Dr Allison Silink
77Professor Jenny Buchan
78Badenoch Integrated Logging Pty Ltd
Response by Craig Crosbie and Daniel Bryant, Liquidators of the Gunns Group
Tabled Documents
1ARITA - Simplified Liquidation Flowchart, July 2022. Tabled at a public hearing on 14 December 2022.
2ARITA - Small Business Restructuring Process Flowchart, July 2022. Tabled at a public hearing on 14 December 2022.
3Law Council of Australia - Aide Memoire - Comparison of submissions. Tabled at a public hearing on 14 December 2022.
4Turnaround Management Association - Australia Safe Harbour Guidelines. Tabled at a public hearing on 14 December 2022.
5Small Business Debt Helpline - Opening Statement. Tabled at a public hearing on 28 February 2023.
6Small Business Debt Helpline - Statistics from the Helpline for the period ended 31 December 2022. Tabled at a public hearing on 28 February 2023.
7Narrow Road Capital - Opening Statement. Tabled at a public hearing on
28 February 2023.
8Chartered Accountants ANZ, Institute of Public Accounts, and CPA Australia - Opening statement. Tabled at a public hearing on 28 February 2023.
9Dr Nuncio d'Angelo - Opening Statement. Tabled at a public hearing on
28 February 2023.
10Australian Banking Association - Opening Statement. Tabled at a public hearing on 28 February 2023.
11ATO - Opening Statement. Tabled at a public hearing on 1 March 2023
12ASIC - Opening Statement. Tabled at a public hearing on 1 March 2023
13DEWR - Opening Statement. Tabled at a public hearing on 1 March 2023
Additional Information
1 Additional information provided by the Australian Financial Security Authority, 'Registered trustee remuneration in the personal insolvency system: best practice report 2020', provided on 14 December 2022.
2 Additional information provided by the Australian Financial Security Authority, 'Untrustworthy advisors: A hidden scourge in Australia's personal insolvency system', provided on 14 December 2022.
3 Additional information provided by the Australian Restructuring Insolvency and Turnaround Association, Keynote Address by The Hon Justice S C Derrington, Chair of the ALRC, ARITA Expert Series: Insolvency - Session 1, 11 November 2021, received 14 December 2022.
4 Correspondence from Ms Jillian Kitto, Assistant Commissioner Lodge and Pay Enforcement from the Australian Taxation Office, clarifying evidence given at a public hearing in Canberra on 13 December 2022, received 20 January 2023.
5A Hargovan, 'Australian Insolvency Law Reform for Small Business—Janus-Faced?', Insolvency Law Bulletin (2020), vol. 21, pp. 5—10. Provided by Professor Anil Hargovan on 27 February 2023.
6J Buchan, 'Chapter 15. Franchisees as externalities of insolvent franchisors: a windfall gain for employees?', Handbook on corporate restructuring, edited by Paul J. Omar and Jennifer L. L. Gant, Elgar (2021), pp. 261–277. Provided by Emeritus Professor Jenny Buchan on 28 February 2023.
7J Gant and J Buchan, 'Moral Hazard, Path Dependency and Failing Franchisors: Mitigating Franchisee Risk Through Participation', Federal Law Review (2019), vol. 47(2), pp. 261–287. Provided by Emeritus Professor Jenny Buchan on 28 February 2023.
8Correspondence from Mr Nick Pilavidis, Chief Executive Officer from the Australian Institute of Credit Management, rectifying evidence given at a public hearing in Sydney on 28 February 2023, received 3 March 2023.
9Additional information provided by the Attorney-General's Department, 'Ministerial Roundtable on Personal Insolvency: summary', provided on 23 March 2023.
10Correspondence from Ms Helen Davis, General Manager from the Small Business Debt Helpline, rectifying evidence given at a public hearing in Sydney on 28 February 2023, received 22 March 2023.
11Hansard Proof transcript for a briefing given on 23 March 2023 by Professors Mark Wellard and Anil Hargovan from SCoLA, and Mrs Robyn Erskine from INSOL Interational regarding Badenoch v Bryant High Court decision.
12PowerPoint slides provided by Professors Mark Wellard and Anil Hargovan from SCoLA, presenting Badenoch v Bryant High Court decision at briefing on 23 March 2023.
13Correspondence from Ms Ashleigh Dalmau, Chief Operating Officer from Incolink, rectifying evidence given at a public hearing in Sydney on
21 February 2023, received 5 April 2023.
Answer to Question on Notice
1ASBFEO-001. Senators O'Neill and Pratt - Small Business Insolvency: asked in writing, 13 December 2022 (received 17 January 2023).
2AGD-001. Senators O'Neill and Scarr - Implementation of recommendation and drafting of legislation regarding the Whittaker review: asked at a public hearing, 13 December 2022 (received 20 January 2023).
3AGD-002. Senator Scarr - Recommendations for change or reform in relation to the Whittaker review: asked at a public hearing, 13 December 2022 (received 23 January 2023).
4Professor Jason Harris and Mr Michael Murray-001. Senator Scarr - Simplified liquidations: asked at a public hearing, 13 December 2022 (received 27 January 2023)
5Mr Bruce Whittaker-001. Senator O'Neill - Recommendations: asked in writing, 13 December 2022 (received 3 February 2023)
6AGD-003. Senator O'Neill - What data does AGD collate with respect to personal bankruptcy?: asked in writing 22 December 2022 (received 7 February 2023)
7AGD-004. Senator O'Neill - Corporate Insolvency Regime: asked in writing22 December 2022 (received 7 February 2023)
8AGD-005. Senator O'Neill - Responsibilities of the corporate insolvency regime and the personal bankruptcy regime: asked in writing
22 December 2022 (received 7 February 2023)
9AGD-006. Senator O'Neill - Support to the personal and corporate insolvency regimes: asked in writing 22 December 2022 (received 7 February 2023)
10AGD-007. Senator O'Neill - Whether AGD, Treasury or some other Commonwealth entity collate data about both corporate and personal insolvencies: asked in writing 22 December 2022 (received 7 February 2023)
11ASBFEO-002: Senator O'Neill - Small Business Insolvency: asked in writing
22 December 2022 (received 9 February 2023)
12ATO-001. Senator O'Neill - ASBFEO interactions:asked at a public hearing, 13 December 2022 (received 6 February 2023)
13ATO-002. Senator O'Neill - Complexity of corporate insolvency laws: asked in writing 22 December 2022 (received 6 February 2023)
14ATO-003. Senator O'Neill - Director Penalty Notice numbers: asked at a public hearing 13 December 2022 (received 6 February 2023)
15ATO-004. The Hon. Mr Pitt MP - Director Penalty Notices and insolvent companies: asked at a public hearing 13 December 2022 (received 6 February 2023)
16ATO-005. Senator O'Neill - General questions: asked in writing
22 December 2022 (received 6 February 2023)
17ATO-006. Senator Scarr - Internal training on insolvency law: asked at a public hearing, 13 December 2022 (received 6 February 2023)
18ATO-007. Senator O'Neill - Number of insolvency specialists in ATO: asked at a public hearing, 13 December 2022 (received 6 February 2023)
19ATO-008. Senator O'Neill - Personal and corporate insolvency overlap: asked in writing 22 December 2022 (received 6 February 2023)
20ATO-009. Senator O'Neill - Pre and post insolvency phases: asked at a public hearing, 13 December 2022 (received 6 February 2023)
21ATO-010. Senator O'Neill - Specialised client support team: asked at a public hearing, 13 December 2022 (received 6 February 2023)
22ATO-011. Senator Scarr - Tax clearance and simplified liquidation: asked at a public hearing, 13 December 2022 (received 6 February 2023)
23ATO-012. The Hon. Mr Pitt MP - Total tax: asked at a public hearing,
13 December 2022 (received 6 February 2023)
24ATO-013. Senator Scarr - Businesses with unpaid super entering payment plans following DPN awareness letter issuing: asked at a public hearing, 13 December 2022 (received 6 February 2023)
25ATO-014. Senator O'Neill - Value of information reported by Registered Liquidators to ASIC (illegal phoenixing): asked in writing 22 December 2022 (received 6 February 2023)
26Treasury-001. Dr Mulino MP - World business rankings, insolvency: asked at a public hearing, 13 December 2022 (received 10 February 2023)
27Treasury-002. Senator Scarr - Small business restructuring and simplified liquidation process: asked at a public hearing, 13 December 2022 (received 10 February 2023)
28Treasury-003. Senator O'Neill - Corporate and personal insolvency data: asked in writing 22 December 2022 (received 10 February 2023)
29Treasury-004. Senator O'Neill - Voluntary administrations: asked in writing 22 December 2022 (received 10 February 2023)
30Treasury-005. Senator O'Neill - Harmonisation of insolvency regimes: asked in writing 22 December 2022 (received 10 February 2023)
31Treasury-006. Senator O'Neill - Portfolio split of insolvency regimes: asked in writing 22 December 2022 (received 10 February 2023)
32Treasury-007. Senator O'Neill - ATO and liquidations: asked in writing 22 December 2022 (received 10 February 2023)
33Treasury-008. Senator O'Neill - Effectiveness of changes to corporate insolvency framework: asked in writing 22 December 2022 (received 10 February 2023)
34Treasury-009. Senator O'Neill - Corporate insolvency data: asked in writing 22 December 2022 (received 10 February 2023)
35APRA-001. Senator O'Neill - Triggers for General Insurer judicial management: asked at a public hearing, 14 December 2022 (received 10 February 2023)
36APRA-002. Senator O'Neill - APRA Powers - Prevention of GI judicial management: asked in writing 23 December 2022 (received 10 February 2023)
37APRA-003. Senator O'Neill - HIH Insurance: asked in writing
23 December 2022 (received 10 February 2023)
38APRA-004. Insurance Insolvency Risks: asked in writing 23 December 2022 (received 10 February 2023)
39TMA-001. Senator O'Neill - General questions: asked in writing 23 December 2022 (received 10 February 2023)
40ASIC-001. Senator O'Neill - Response to ASIC mentions and claims made by hearing participants: asked at a public hearing, 14 December 2022 (received 8 February 2023)
41ASIC-002. Senator O'Neill - Automatic responses from Ai: asked at a public hearing, 14 December 2022 (received 8 February 2023)
42ASIC-003. Senator Scarr - Recommendation 27 from ARITA's submission to publish ASIC algorithm: asked at a public hearing, 14 December 2022 (received 8 February 2023)
43ASIC-004. Senator Scarr - Recommendation 28 from ARITA's submission to demonstrate that its decision to terminate the National Insolvency Trading Program was consistent with regulatory good practice: asked at a public hearing, 14 December 2022 (received 8 February 2023)
44ASIC-005. Senator O'Neill - Correction to ASIC Table 29: asked at a public hearing, 14 December 2022 (received 8 February 2023)
45ASIC-006. Senator O'Neill - Policy rationale for government's role in personal and corporate insolvency: asked in writing 23 December 2022 (received 8 February 2023)
46ASIC-007. Senator O'Neill - Corporate insolvency data: asked in writing 23 December 2022 (received 8 February 2023)
47ASIC-008. Senator O'Neill - Insolvency practitioners as 'frontline investigators': asked in writing 23 December 2022 (received 8 February 2023)
48ASIC-009. Senator O'Neill - ASIC reviews of AAF: asked in writing 23 December 2022 (received 8 February 2023)
49ASIC-010. Senator O'Neill - Whether other jurisdictions offer AAF-style grants: asked in writing 23 December 2022 (received 8 February 2023)
50ASIC-011. Senator O'Neill - Resourcing: asked in writing 23 December 2022 (received 8 February 2023)
51ASIC-012. Senator O'Neill - Anecdotal evidence: asked in writing
23 December 2022 (received 8 February 2023)
52ASIC-013. Senator O'Neill - Root and branch review: asked in writing
23 December 2022 (received 8 February 2023)
53ASIC-014. Senator O'Neill - Purpose of Australia's insolvency laws: asked in writing 23 December 2022 (received 8 February 2023)
54ASIC-015. Senator O'Neill - Major reforms: asked in writing 23 December 2022 (received 8 February 2023)
55ASIC-016. Senator O'Neill - International best practice: asked in writing 23 December 2022 (received 8 February 2023)
56ASIC-017. Senator O'Neill - Data and research: asked in writing
23 December 2022 (received 8 February 2023)
57ASIC-018. Senator O'Neill - Harmonisation of corporate, personal, trust, and partnership insolvency law asked in writing 23 December 2022 (received 8 February 2023)
58ASIC-019. Senator O'Neill - Recent reviews: asked in writing 23 December 2022 (received 8 February 2023)
59ASIC-020. Senator O'Neill - Small business restructuring and simplified liquidation reform: asked in writing 23 December 2022 (received 8 February 2023)
60ASIC-021. Senator O'Neill - Recommendations in submissions and timing of reforms: asked in writing 23 December 2022 (received 8 February 2023)
61Professor Jason Harris and Mr Michael Murray-002. Senator O'Neill - Various: asked 22 December 2022 (received 10 February 2023)
62LCA-001. Senator O'Neill - General questions: asked 23 December 2022 (received 14 February 2023)
63SCoLA-001. Senator O'Neill - Various: asked 23 December 2022 (received 17 February 2023)
64AIIP-001. Senator O'Neill - Various: asked 23 December 2022 (received 23 February 2023)
65Ashurst-001. Senator O'Neill - Various: asked 23 December 2022 (received 15 February 2023)
66PC-001. Senator O'Neill - Various: asked 22 December 2022 (received 21 February 2023)
67LCA-002. Senator O'Neill - Legislative Guide on Insolvency Law: asked 23 December 2022 (received 15 February 2023)
68ACTU-001. Senator Scarr - Fair Entitlements Guarantee: asked at a public hearing, 1 March 2023 (received 8 March 2023)
69ACTU-002. Senator Scarr - Thin capitalisation: asked at a public hearing, 1 March 2023 (received 8 March 2023)
70ACTU-003. Mr Georganas MP - Payment trusts: asked at a public hearing, 1 March 2023 (received 8 March 2023)
71AMWU-001. Senator Scarr - Standing of unions in schemes of arrangement proceedings: asked at a public hearing, 21 February 2023 (received 10 March 2023)
72KPMG-001. Senator O'Neill - Various: asked at a public hearing,
21 February 2023 (received 14 March 2023)
73CFMMEU-001. The Hon. Mr Pitt MP - Costs of cascading trusts: asked at a public hearing, 21 February 2023 (received 15 March 2023)
74CFMMEU-002. Senator O'Neill - Regulation of Pre-Insolvency Practitioners: asked at a public hearing, 21 February 2023 (received 15 March 2023)
75HIA-001. Senator O'Neill and Ms Mascarenhas MP - ATO activities and software available to businesses: asked at a public hearing, 21 February 2023 (received 14 March 2023)
76Dr Sulette Lombard-001. Senator O'Neill - Proposed public funder model: asked at a public hearing, 21 February 2023 (received 14 March 2023)
77Dr Sulette Lombard-002. Senator O'Neill - Debate on business model of insolvency practitioners: asked at a public hearing, 21 February 2023
(received 14 March 2023)
78NSWSBC-001. Senator O'Neill - Languages used by NSW SBC to provide information to concerned parties: asked at a public hearing, 28 February 2023 (received 15 March 2023)
79MBA-001. Dr Mulino MP - Economic trends, construction: asked at a public hearing, 21 February 2023 (received 14 March 2023)
80MBA-002. Senator O'Neill - Sector retention: asked at a public hearing,
21 February 2023 (received 14 March 2023)
81MBA-003. The Hon. Mr Pitt MP - Current terms of payment in construction industry: asked at a public hearing, 21 February 2023
(received 14 March 2023)
82MBA-004. Senator O'Neill - Tabling of documents, answered in MBA-001: asked at a public hearing, 21 February 2023 (received 14 March 2023)
83MBA-005. Senator O'Neill - Intersection of infrastructure businesses with insolvency sector: asked at a public hearing, 21 February 2023
(received 14 March 2023)
84Professor Mark Wellard-001. Senator Scarr - Failure and automatic disqualification: asked at a public hearing, 1 March 2023
(received 20 March 2023)
85AGD-008. SenatorO'Neill - Consolidating insolvency policy into one policy department: asked at a public hearing, 1 March 2023 (received 21 March 2023)
86ATO-015. Senator O'Neill - DPNs and domestic violence or elder abuse: asked at a public hearing, 1 March 2023 (received 23 March 2023)
87ATO-016. Mr Georganas MP - Payment plan amendments: asked at a public hearing, 1 March 2023 (received 23 March 2023)
88ATO-017. Senator O'Neill - Registered liquidator and pre-insolvency advisor practices: asked at a public hearing, 1 March 2023 (received 23 March 2023)
89ATO-018. Senator O'Neill - Timing for issuing DPN: asked at a public hearing, 1 March 2023 (received 23 March 2023)
90DEWR-001. Senator Scarr - Ovato Group Case: asked at a public hearing,
1 March 2023 (received 23 March 2023)
91DEWR-002. Senator Scarr - Communication Between Department and Union in relation to Ovato Case: asked at a public hearing, 1 March 2023 (received 23 March 2023)
92DEWR-003. Senator Scarr - What FEG does not Pay as a Proportion: asked at a public hearing, 1 March 2023 (received 23 March 2023)
93DEWR-004. Senator Scarr - Project Cost of Super Entitlements to the Taxpayer: asked at a public hearing, 1 March 2023 (received 23 March 2023)
94DEWR-005. Mr Georganas MP - Other Jurisdictions Conducting Reviews: asked at a public hearing, 1 March 2023 (received 23 March 2023)
95DEWR-006. Senator Scarr - Whittaker Review: asked at a public hearing, 1 March 2023 (received 23 March 2023)
96Professor Jason Harris and Mr Michael Murray-003. Senator O'Neill - Professional Groups: asked at a public hearing, 1 March 2023 (received 22 March 2023)
97AICM-001. Senator O'Neill - Various: asked at a public hearing,
28 February 2023 (received 22 March 2023)
98SBDH-001. Senator O'Neill - Various: asked at a public hearing, 28 February 2023 (received 22 March 2023)
99ACF-001. Senator O'Neill - Various: asked at a public hearing, 21 February 2023 (received 21 March 2023)
100Professor Rosalind Mason and Mr Michael Murray-001. Senator Scarr - Harmer Review: asked at a public hearing, 1 March 2023
(received 16 March 2023)
101CPA, IPA, CA ANZ-001. Senator O'Neill - ATO reporting: asked at a public hearing, 28 February 2023 (received 21 March 2023)
102CPA, IPA, CA ANZ-002. Senator O'Neill - Deregistration: asked at a public hearing, 28 February 2023 (received 21 March 2023)
103CPA, IPA, CA ANZ-003. Senator O'Neill - Preference payments: asked at a public hearing, 28 February 2023 (received 21 March 2023)
104CPA, IPA, CA ANZ-004. Senator O'Neill - Regulation of pre-insolvency advice: asked at a public hearing, 28 February 2023 (received 21 March 2023)
105Treasury-010. Senator O'Neill - Bryant v Badenoch impacts: asked at a public hearing, 1 March 2023 (received 22 March 2023)
106Treasury-011. Senator O'Neill - Insolvency policy consolidation: asked at a public hearing, 1 March 2023 (received 22 March 2023)
107Treasury-012. Senator O'Neill - Safe harbour instances: asked at a public hearing, 1 March 2023 (received 22 March 2023)
108Treasury-013. Senator O'Neill - Personal and corporate insolvency differences: asked at a public hearing, 1 March 2023 (received 22 March 2023)
109Treasury-014. Senator O'Neill - Insolvency information across jurisdictions: asked at a public hearing, 1 March 2023 (received 22 March 2023)
110Treasury-015. Senator Scarr - Ovato matter oversight: asked at a public hearing, 1 March 2023 (received 22 March 2023)
111ABA-001. Senator O'Neill - Various: asked at a public hearing,
28 February 2023 (received 21 March 2023)
Media Releases
1Inquiry into corporate insolvency in Australia - Media release,
28 September 2022